State Of U P And 3 Others vs Satyendra Yadav
2023 Latest Caselaw 17446 ALL

Citation : 2023 Latest Caselaw 17446 ALL
Judgement Date : 14 July, 2023

Allahabad High Court

State Of U P And 3 Others vs Satyendra Yadav on 14 July, 2023

Bench: Sunita Agarwal, Anish Kumar Gupta





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:139940-DB
 
Court No. - 29
 
Case :- SPECIAL APPEAL DEFECTIVE No. - 404 of 2023
 
Appellant :- State Of U P And 3 Others
 
Respondent :- Satyendra Yadav
 
Counsel for Appellant :- Akanksha Sharma
 
Counsel for Respondent :- Indra Raj Singh,Adarsh Singh
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Anish Kumar Gupta,J.

Order on Delay Codonation Application:-

There is delay of 30 days in filing the appeal. There is no objection to the delay condonation application. The delay has been explained to the satisfaction of the Court.

The delay condonation application is allowed. The delay in filing the appeal is hereby condoned.

The appeal be treated to have been filed within time.

Office shall allot regular number to the appeal.

Order on memo of Appeal:-

This intra-Court appeal is directed against the judgment and order dated 12.12.2022 passed by the learned Single Judge, wherein the writ petition has been disposed of on the same terms as contained in the judgement and order dated 09.11.2022 passed in Writ Petition No.4408 of 2020 (Shyam Babu Yadav & ors vs. State of UP & ors).

It is demonstrated before us by Ms. Akanksha Sharma, learned Standing Counsel for the State-appellant that the judgement and order dated 09.11.2022 passed by the learned Single Judge in the case of Shyam Babu Yadav (supra) has been set aside by the Special Appellate Court vide judgment and order dated 31.03.2023 in the Special Appeal Defective No.206 of 2023. A copy of the said decision has also been brought on record. The controversy raised in the writ petition, out of which the instant appeal has arisen, being same as adjudicated in the case of Shyam Babu Yadav (supra) by the Special Appellate Court, the impugned judgement and order dated 12.12.2022, subject matter of challenge herein, cannot be sustained.

While setting aside the judgement and order dated 12.12.2022 passed by the learned Single Judge, in the writ petition is dismissed. Resultantly, this intra-court appeal is allowed.

Order Date :- 14.7.2023

P Kesari